56. JURISDICTION OVER VESSELS.-Continued.

(2) Exclusive over public vessels in foreign waters in regard to matters of internal economy.

(a) Extent of immunities of the persons on a ship of war

in a foreign harbor.

(b) The right of asylum on board a ship of war.

(c) Immunities of other vessels in public service.

(3) Varying over private vessels in foreign waters.
(4) Special exemption of semi-public vessels.

57. AËRIAL JURISDICTION.

58. JURISDICTION OVER PERSONS AND THE QUESTION OF NATIONALITY.

59. JURISDICTION OVER NATURAL-BORN SUBJECTS.

60. JURISDICTION OVER FOREIGN-BORN SUBJECTS.

(a) The rule of jus sanguinis, i.e., the child inherits the nationality of his father.

(b) The rule of jus soli, i.e., the place of birth determines the nationality.

(c) Variations in laws.

61. JURISDICTION BY VIRTUE OF ACQUIRED NATIONALITY. (a) By marriage a woman in most states acquires the nationality of her husband.

(b) By naturalization, or an act of sovereignty by which a foreigner
is admitted to citizenship in another state.

(c) By annexation of the territory upon which a person resides.
(d) The effect of naturalization on a person in his relations to his

adopted and native states.

(e) Incomplete naturalization or the effect on a person of his declaration of intention to become a citizen.

(1) Case of Martin Koszta.

(2) Citizenship and liability to military service.

(3) Municipal laws and naturalization.

(a) Qualified jurisdiction of native state over subjects abroad.
(1) Right to make emigration laws.

(2) Recall of citizens for special reasons.

(3) Penal jurisdiction over subjects who have committed crimes

in a foreign state.

(4) Protection of subjects in a foreign state.

(b) Jurisdiction of a state over aliens within its territory.

(1) Right of exclusion.

(2) Right of expulsion.

(3) Right to conditional admission.

(4) Restrictions upon settlement.

(5) Right to levy taxes.

(6) Sanitary and police jurisdiction.

(7) Penal jurisdiction for crimes committed within territorial

limits.

(8) Maintenance of public order.

(9) No right to demand military service for political ends.

(10) Freedom of commerce.

(11) Holding and bequeathing of property.

(12) Freedom of speech and worship.

(c) Passport a means for establishing the identity of an alien.

63. EXEMPTIONS FROM LOCAL JURISDICTION GENERALLY MADE FOR PERSONS REPRESENTING THE AUTHORITY OF A FRIENDLY STATE.

(a) Exterritoriality, or immunity from jurisdiction.

64. EXEMPTION FROM LOCAL JURISDICTION OF SOVEREIGNS SOJOURNING IN THEIR OFFICIAL CAPACITY IN FOREIGN COUNTRIES.

65. EXEMPTIONS OF STATE OFFICERS.

(a) Wide immunity allowed diplomatic agents.

(b) Exemptions granted to consuls to facilitate effective performance of their duties.

(c) A foreign army entering a state, by permission of its sovereign is free from that sovereign's jurisdiction.

(d) A vessel of war in a foreign state free from local jurisdiction.

(a) In certain Oriental states special exemptions regulated by treaty.

(1) General rules in regard to penal matters.

(2) General rules in regard to civil matters.

(b) Mixed courts in Egypt.

67. EXTRADITION.

(a) Persons liable to extradition vary according to treaties.

(b) Limitations as to jurisdiction over a person extradited.

(c) Conditions necessary for a claim for extradition.

(d) Procedure in cases of extradition based on definite principles.

68. SERVITUDES.

(a) International servitudes, positive and negative.
(b) General servitudes.

CHAPTER XI

JURISDICTION

46. Jurisdiction in General

Jurisdiction is the right to exercise state authority, and for the purposes of international law may be classified as (a) territorial or land jurisdiction, (b) fluvial and maritime, (c) aërial, and (d) jurisdiction over persons.

47. Territorial Domain and Jurisdiction

The word "territory" is sometimes used as equivalent to domain or dominion or to an expression covering the sphere of state control. Territory is also used in the stricter sense of the land area over which a state exercises its powers. In this stricter sense, territorial jurisdiction refers to the exercise of state authority over the land within its boundaries and those things which appertain to the land. The growing international importance of railroads, telegraph, and other modern means of communication has introduced new topics which were not considered in early treatises, and are still under discussion.

The fundamental law of territorial jurisdiction is that a state has within its boundaries absolute and exclusive jurisdiction over all the land and those things which appertain thereto. Certain exemptions are specially provided in international law to which all states are considered as giving express or tacit consent. In other respects than those mentioned under exemptions, the state may, as sovereign, exercise

its authority at discretion within the sphere it has set for itself. The state has, as against all other states, an exclusive title to all property within its territorial jurisdiction. As regards its own subjects, it has the paramount title which is recognized in the right of eminent domain, or the right to appropriate private property when necessary for public A state may also in its corporate capacity hold absolute ownership in property, as in its forts, arsenals, ships, etc.

use.

The state also has the right to enforce a lien on the land and what appertains to it in the form of taxes.

48. Method of Acquisition

The method of acquisition of territorial jurisdiction is a subject which has received much attention in international law, particularly because of the remarkable expansion of the territorial area of states within the modern period of international law since 1648.

The methods commonly considered are: (1) discovery, (2) occupation, (3) conquest, (4) cession, (5) prescription, (6) accretion.

(a) In the early period of European expansion through discovery, the doctrine that title to land hitherto unknown

By right of discovery of a new land.

vested in the state whose subject discovered the land was current. Gross abuse of this doctrine led to the modification that discovery without occupation did not constitute a valid title. As the field of discovery has grown less, the importance of a definition of occupation has decreased.

(b) Occupation is held to begin at the time of effective application of state authority, and strictly continues only during the exercise of such authority. In fact, however, the title by occupation is held to extend to the adjacent unoccupied territory to which the state might potentially extend